Section 20 Employment may be deemed continuous if worker dismissed and re-employed within one month

20.1 If the employment of any worker is terminated and the worker is again employed by the same employer at any time within one month after the date of the termination of the employment, the employment of the worker shall for the purposes of section 11 of this Act and for calculating holiday pay be deemed to have continued as if the termination had not occurred, unless [a Labour Inspector] certifies in writing that he is satisfied that in terminating the employment the employer acted in good faith and not for the purpose of evading or attempting to evade any obligation imposed by this Act or any payment required to be made under it.

20.2 [Any employer or worker affected by any determination made under this section by a Labour Inspector may, at any time within 14 days after the communication to that employer or worker of the Labour Inspector's determination, appeal in the prescribed manner to the Employment Tribunal established by the Employment Contracts Act 1991, and the decision of the Tribunal shall be final and binding on all parties.]

Cf. 1947, No. 60, s. 4

In subs. (1) the words in square brackets were substituted for the words ``an Inspector of Factories'' by s. 4 (1) of the Holidays Amendment Act 1990.

Subs. (2) was substituted for the original subs. (2) (as amended by s. 4 (2) (a) and (b) of the Holidays Amendment Act 1990) by s. 12 (1) of the Holidays Amendment Act 1991.

This section does not apply to accident compensation, see s. 2 (7) of the Accident Compensation Act 1982.